The Ombudsman's final decision
Summary: We will not investigate this complaint about matters surrounding a planning enforcement case. Mr X lives nearly 2 miles from the location of the alleged planning breach. We do not consider that any fault has caused Mr X an injustice that would justify our involvement.
The complaint
Mr X said the Council deliberately misled and lied to him about a planning enforcement case. He said this has delayed planning enforcement action.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reported a potential planning breach to the Council in June 2019. The Council investigated the report. Mr X said the Council failed to take appropriate enforcement action.
The location of the alleged breach is approximately 2 miles from where Mr X lives. Therefore, it is unlikely that any fault would have caused Mr X a personal injustice. We should not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because any fault is unlikely to have caused Mr X an injustice.
Investigator's decision on behalf of the Ombudsman